Delaware · 153rd General Assembly (2025-2026) · Bill
HB 402: AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE CLEAN AIR ACT TITLE V OPERATING PERMIT PROGRAM.
Enacted Official data
- Introduced
- In committee
- Passed one chamber
- Passed both chambers
- Enacted
Last official action: ·Record last updated:
Plain-language summary
HB 402 is a bill introduced in the Delaware House on May 5, 2026. According to its official title, it concerns: AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE CLEAN AIR ACT TITLE V OPERATING PERMIT PROGRAM. Primary sponsor: Debra Heffernan (Democratic), Trey Paradee (Democratic). It lists 1 additional sponsor. Most recent recorded action (June 24, 2026): Signed by Governor.
Generated automatically from the official title, sponsor list, and status record only. It does not characterize the bill’s purpose or effects. How summaries are written
Official summary
Abstract published by the legislature (via Open States). Text as published by the legislature; reproduced verbatim.
This Act extends the Clean Air Act Title V Operating Permit Program annual fees for facilities in Delaware, which have historically expired and been reauthorized by the General Assembly every 3 years. Existing statutory authorization to collect fees sunsets December 31, 2026. This legislation updates the fee assessments based on the work of the Title V Operating Permit Program Advisory Committee and makes additional clarifying updates. For 2027-2029, the total fee will be comprised of a base fee, user fee, and a program fee. Base fees are based on the number of staff hours spent on the source’s permitting, compliance, and enforcement activities, while the user fee is based on the source’s air emissions. The program fee will be assessed based on the total base and user fees. This Act authorizes the Department of Natural Resources and Environmental Control to collect Title V annual fees for calendar years 2027 through 2029 at which point the authority sunsets and would need to be reauthorized.
Sponsors
Sponsors by party (alphabetical): Democratic 3
| Name | Role | Party | Chamber | District |
|---|---|---|---|---|
| Debra Heffernan | Primary sponsor | Democratic | House | 6 |
| Trey Paradee | Primary sponsor | Democratic | Senate | 17 |
| Kerri Harris | Co-sponsor | Democratic | House | 32 |
“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.
Recent official actions
- Signed by Governor
- Passed By Senate. Votes: 20 YES 1 ABSENT
- Reported Out of Committee (Environment, Energy & Transportation) in Senate with 1 Favorable, 5 On Its Merits
- Assigned to Environment, Energy & Transportation Committee in Senate
- Passed By House. Votes: 28 YES 11 NO 2 ABSENT
- Lifted From Table in House
- Laid On Table in House
- Reported Out of Committee (Natural Resources & Energy) in House with 1 Favorable, 8 On Its Merits, 1 Unfavorable
- Introduced and Assigned to Natural Resources & Energy Committee in House